Brownstone Institute
Congress’ Shield against Trump’s Hammer of Justice
From the Brownstone Institute
Somewhere amid the 1,500+ pages of legislative clutter in the latest Continuing Resolution—the bill apparently killed by public exposure alone—lies a provision so audacious, so shameless, I can only assume it was drafted by a cabal of Congressional career criminals. Section 605—a sterile title masking its true intent—amounts to nothing less than a legislative fortress erected to shield Congress from the Justice Department, the FBI, and, most troubling of all, accountability.
At a time when President-elect Trump’s administration prepares to restore integrity and justice, Congress appears to have donned its armor, hiding its secrets behind a wall of bureaucratic legalese. This provision, if left unchallenged, sets a dangerous precedent: members of Congress placing themselves above the law, protected from scrutiny by the very agencies tasked with upholding justice.
Section 605: The House above the Law
Let’s strip away the camouflage. Section 605 does three things with surgical precision:
First, it declares that Congress retains perpetual possession of all “House Data”—a broad, almost limitless category including emails, metadata, and any electronic communication touching official House systems. This means providers like Google or Microsoft, who store or process this data, are mere bystanders, unable to act as custodians for investigators. The House claims total dominion.
Second, courts are ordered to “quash or modify” subpoenas for House Data. Investigators from Trump’s Justice Department, no matter how compelling the evidence, will now face a procedural minefield laid by Congress itself. Compliance with the legal process will be, in essence, denied.
Third—and most chilling—this protection applies retroactively. Any ongoing investigation that hasn’t yet secured House data is now dead on arrival. Existing subpoenas? Nullified. Pending warrants? Quashed. Section 605 doesn’t just safeguard future misconduct; it effectively buries the past.
The Investigations behind the Curtain
This isn’t a hypothetical problem. There are two glaring examples of why Congress is so eager to cement its immunity.
First, let’s talk about Shifty Schiff and Eric Swalwell. For at least three years, the DOJ has been investigating these two California Democrats—Schiff, now a senator, and Swalwell, perpetually ensconced in mediocrity—over illegally leaking classified documents to the media. A courageous Congressional staffer blew the whistle, revealing that both men had routinely fed classified information to friendly reporters to score cheap political points. The Grand Jury concluded that these leaks broke the law, yet the investigation’s smoking gun lies in House communications.
Under Section 605, that investigation would be dead. The DOJ and FBI would find their subpoenas quashed and their warrants denied. Schiff and Swalwell, guilty of weaponizing national security secrets, would escape justice—retroactively.
Second, there’s the case of Liz Cheney—a name that now evokes memories of hubris and betrayal among Republicans. During her star turn on the January 6th Committee, Cheney engaged in witness tampering to shape Cassidy Hutchinson’s testimony. By all accounts, Cheney pressured Hutchinson to craft a narrative favorable to the Committee’s political objectives, a flagrant abuse of power that would warrant criminal investigation.
But with Section 605 in place, the DOJ’s efforts to uncover the truth would be paralyzed. Cheney’s communications—the very evidence needed to prove witness tampering—would be walled off. Congress would simply claim that its data is untouchable, its members above reproach.
Historical Parallels: A Republic’s Betrayal
The Romans had a term for this sort of legislative cunning: privilegium—a law that benefits a select few at the expense of justice. Cicero, in his fight against corrupt senators, warned that “the closer a man clings to power, the more strenuously he seeks to avoid the law.” Section 605 is the embodiment of Cicero’s warning. It allows the very lawmakers tasked with overseeing government to shroud themselves in secrecy, impervious to scrutiny from Trump’s incoming Justice Department.
This is not the first time Congress has played such games. During the Watergate era, Richard Nixon famously claimed that “when the president does it, that means it is not illegal.” Nixon’s arrogance, of course, led to his downfall. But now, it appears Congress has adopted the same mantra: when members of Congress write the law, they are beyond its reach.
Undermining Justice in the Age of Trump
Make no mistake: Section 605 is an act of preemptive lawfare. Trump’s Justice Department will soon be tasked with untangling years of corruption, leaks, and abuse of power that have flourished in Washington. The DOJ and FBI, freed from the shackles of political interference, are primed to restore the rule of law.
Yet Congress, fearing exposure, has pulled up the drawbridge. Section 605 would ensure that leakers like Schiff and Swalwell remain untouchable. It would protect Cheney from accountability for witness tampering. It would obstruct investigations, shield misconduct, and shatter public trust.
This is not about protecting Congress from political harassment. It’s about protecting Congress from justice.
The Rule of Law or the Rule of Congress?
The Framers never intended Congress to be a castle immune from oversight. The very idea that lawmakers can exempt themselves from the justice system would have been anathema to Jefferson and Madison, who understood that accountability is the lifeblood of a republic. When one branch of government declares itself untouchable, the balance of power collapses.
Section 605 cannot stand. It must be challenged, overturned, and consigned to the legislative ash heap. For if Congress succeeds in placing itself above the law, then the rule of law itself will become nothing more than a hollow promise.
As President-elect Trump prepares to take office, let this be a rallying cry: the swamp cannot be allowed to protect its own. If justice is to prevail, no one—not Schiff, not Swalwell, not Cheney—can be above the law.
And that includes Congress.
Author
From the Brownstone Institute
Part of the sweep of government in the first days of the Trump administration has been a freeze on communications. The explosion has hit the whole of public health bureaucracies, which Trump personally blames in part for the meltdown of his previous term of president in his last year. The pause in operations is designed to figure out exactly what is going on.
It is certainly not the case that Donald Trump wants you to die, contrary to Paul Krugman’s claim. No longer writing at the New York Times, he reserved his rather extreme view for his Substack account.
Recall that Krugman was 100 percent for lockdowns and all the rest including the fake science behind vaccine mandates. While most of the world was in cages, he was proclaiming the dawn of the great reset. With that reversed, he has reverted to form.
What actually seems to be dying the death is the public health bureaucracy.
As the Wall Street Journal explained in their story headlined “Swaths of U.S. Government Grind to a Halt After Trump Shock Therapy:” “While glitches aren’t uncommon during the early days of presidential transitions, some longtime federal employees said the chaos seemed more extreme this week due in part to wide-spanning differences between the agendas of the previous administration and the new one. The stalled initiatives extended far beyond Trump’s cancellation of federal DEI programs.”
I seriously doubt that public opinion registers much concern.
Let’s take a look at the actions of these agencies in the pre-inauguration days before the freeze.
The Department of Health and Human Services announced on January 17, three days before the inauguration, a jaw-dropping $590 million grant to Moderna, a driving force behind global vaccination with mRNA shots during Covid. The announcement of this grant changed the fortunes of the company’s stock price, which had been in a two-year slide.
The timing alone cries out for explanation. Was this to dump largess on the deep-state partner before Trump could stop it? Or was it tacitly approved by the incoming administration in order to keep Trump’s fingerprints from it? We’ll know based on whether this goes ahead. It will certainly be a test of the agency’s future under the leadership of Robert F. Kennedy, Jr., provided he is confirmed by the Senate.
For now, it has all the earmarks of an old regime grabbing whatever it can on the way out.
Over at the CDC, which exists as part of a suite of agencies under the control of HHS, we have one last communication dating also from January 17. It was to announce the “first-ever National One Health Framework to Address Zoonotic Diseases and Advance Public Health Preparedness in the United States.”
David Bell at Brownstone has been writing about this for longer than a year. As he describes it:
“Those pushing it envision a world in which any lifeform is considered intrinsically equal worth to others. If you must choose between your daughter and a rat, the choice should weigh the probability of survival of each, or may do the least harm to other lifeforms after being saved. Within this ‘equitable’ worldview, humans become a pollutant. Ever-growing human populations have driven other species to extinction through environmental change, from the megafauna of ancient Australasia to the plummeting insect populations of modern Europe. Humans become a plague upon the earth, and their restriction, impoverishment, and death may therefore be justified for a greater good.”
The connection here to Fauci et al, and their view concerning spillover diseases from animals to humans – a major reason why they were so insistent on the zoonotic origins of Covid – is rather obvious.
In the middle of the worst part of US lockdowns, Fauci and his co-author David Morens wrote an article for Cell in which they explain that the real problem with life on earth began 12,000 years ago when “human hunter-gatherers settled into villages to domesticate animals and cultivate crops. These beginnings of domestication were the earliest steps in man’s systematic, widespread manipulation of nature.”
It’s always with the same theme. If there were fewer of us, had we never had much contact with each other, if we never dared to cultivate crops, domestic animals, store water, and move around, we could have been spared all diseases.
The real problem is what we call civilization itself, which is why the article ends with an assault on “overcrowding in dwellings and places of human congregation (sports venues, bars, restaurants, beaches, airports), as well as human geographic movement,” all of which “catalyzes disease spread.”
The only solution, in this view, is “rebuilding the infrastructures of human existence, from cities to homes to workplaces, to water and sewer systems, to recreational and gatherings venues.”
One Health, as newly embraced by the CDC, amounts to a radical transformation of the basis of social order itself, under the guidance of god-like scientists who alone know how to structure the best life for all living things, even if that comes at the expense of human flourishing.
David Bell describes this creepy strain of belief as a “cult” but it might also be described as an ideology very different from the dominant ones in the 20th century. Socialism might have proven unworkable but at least it aspired to the improvement of human life. Capitalist ideology was the same. This is something different, with more in common with the far-flung imaginings of Rousseau or the Prophet Mani who shared in common the belief that all attempts to create what we call civilization are inherently corrupting of our perfect state of nature.
This was part of the underlying philosophical infrastructure of lockdowns and vaccine mandates, not merely a public health establishment doing crazy things that happened to be captured by high-powered industrial interests. There was a dreamy and ultimately ghastly utopianism backing all of these actions, stemming from hot-house salons of government-funded science cabals where they not only refuse to speak to normal people; they have nothing but disdain for the aspirations of the common folk and their attachments to property, family, and tradition (which includes, for example, home remedies on dealing with infectious disease).
How it came to be that our main engines of public health came to be captured in whole by such a crazed ideology would require a deep and expansive investigation. Certainly, it happened gradually and largely out of the public eye, so much so that even our best investigative writers are still trying to wrap their brains around it all. Whatever this ideology is, it captured nearly the entire planet Earth in the years 2020-2023 or thereabouts and resulted in a health crisis without precedent in modern times.
Part of the result of that grand experiment was the unseating of a variety of populist leaders in the US, UK, and Brazil. This seems to have set in motion what Walter Kirn has called “a coup against a coup,” as the astonishing avalanche of executive orders reveals. The flurry of news – including a full reaffirmation of free speech, a purge of all DEI edicts, a deletion of previous dictates on Central Bank Digital Currencies, and a full hiring freeze in the federal government – has been so massive that the pundit class has been left gasping to stay on top of it all.
As for NIH, Jay Bhattacharya has been tagged to head the agency. As he awaits Senate confirmation, the acting head is Dr. Matthew Memoli, an award-winning vaccinologist who has worked at NIH for 16 years. In defiance of the regime, he argued in 2021 that “with existing vaccines, blanket vaccination of people at low risk of severe illness could hamper the development of more-robust immunity gained across a population from infection.”
Our own Fellow Bret Swanson took note of this one dissident within the Fauci ranks and celebrated his resolve to speak truth to power, in a complete takedown of evil four years ago. The doctor came under fire for daring to disagree.
Now Dr. Memoli heads the agency he defied. He remains in that position until the man once called a “fringe epidemiologist” by the previous head of NIH takes full control. This is as close to revolution and counterrevolution as you will find in a democratic society.
Something big and potentially wonderful is happening in the realm of public health, which was deployed for egregious purposes only a few years ago. It is a turning point of some sort, and one can hope that the results are consistent with the health, well-being, and freedom of everyone.
For now, there doesn’t seem to be too much in the way of public panic about the big freeze at HHS-related agencies, much less the removal of Anthony Fauci’s expensive security detail.
Author
From the Brownstone Institute
Anthony “I represent science” Fauci can now stand beside Richard “I am not a crook” Nixon in the history books as someone who received the poison pill of a preemptive pardon.
While Nixon was pardoned for specific charges related to Watergate, the exact crimes for which Fauci was pardoned are not specified. Rather, the pardon specifies:
Baseless and politically motivated investigations wreak havoc on the lives, safety, and financial security of targeted individuals and their families. Even when individuals have done nothing wrong – and in fact have done the right things – and will ultimately be exonerated, the mere fact of being investigated and prosecuted can irreparably damage reputations and finances.
In other words, the dying breath of the Biden administration appears to be pardoning Fauci for crimes he didn’t commit, which would seem to make a pardon null and void. The pardon goes further than simply granting clemency for crimes. Clemency usually alleviates the punishment associated with a crime, but here Biden attempts to alleviate the burden of investigations and prosecutions, the likes of which our justice system uses to uncover crimes.
It’s one thing to pardon someone who has been subjected to a fair trial and convicted, to say they have already paid their dues. Gerald Ford, in his pardon of Richard Nixon, admitted that Nixon had already paid the high cost of resigning from the highest office in the land. Nixon’s resignation came as the final chapter of prolonged investigations into his illegal and unpresidential conduct during Watergate, and those investigations provided us the truth we needed to know that Nixon was a crook and move on content that his ignominious reputation was carve d into stone for all of history.
Fauci, meanwhile, has evaded investigations on matters far more serious than Watergate. In 2017, DARPA organized a grant call – the PREEMPT call – aiming to preempt pathogen spillover from wildlife to people. In 2018 a newly formed collaborative group of scientists from the US, Singapore, and Wuhan wrote a grant – the DEFUSE grant – proposing to modify a bat sarbecovirus in Wuhan in a very unusual way. DARPA did not fund the team because their work was too risky for the Department of Defense, but in 2019 Fauci’s NIAID funded this exact set of scientists who never wrote a paper together prior or since. In late 2019, SARS-CoV-2 emerged in Wuhan with the precise modifications proposed in the DEFUSE grant submitted to PREEMPT.
It’s reasonable to be concerned that this line of research funded by Fauci’s NIAID may have caused the pandemic. In fact, if we’re sharp-penciled and honest with our probabilities, it’s likely beyond reasonable doubt that SARS-CoV-2 emerged as a consequence of research proposed in DEFUSE. What we don’t know, however, is whether the research proceeded with US involvement or not.
Congress used its constitutionally-granted investigation and oversight responsibilities to investigate and oversee NIAID in search of answers. In the process of these investigations, they found endless pages of emails with unjustified redactions, evidence that Fauci’s FOIA lady could “make emails disappear,” Fauci’s right-hand-man David Morens aided the DEFUSE authors as they navigated disciplinary measures at NIH and NIAID, and there were significant concerns that NIAID sought to obstruct investigations and destroy federal records.
Such obstructive actions did not inspire confidence in the innocence of Anthony Fauci or the US scientists he funded in 2019. On the contrary, Fauci testified twice under oath saying NIAID did not fund gain-of-function research of concern in Wuhan…but then we discovered a 2018 progress report of research NIAID funded in Wuhan revealing research they funded had enhanced the transmissibility of a bat SARS-related coronavirus 10,000 times higher than the wild virus. That is, indisputably, gain-of-function research of concern. Fauci thus lied to the American public and perjured himself in his testimony to Congress, and Senator Rand Paul (R-KY) has referred Fauci’s perjury charges to the Department of Justice.
What was NIAID trying to preempt with their obstruction of Congressional investigations? What is Biden trying to preempt with his pardon of Fauci? Why do we not have the 2019 NIAID progress report from the PI’s who submitted DEFUSE to PREEMPT and later received funding from NIAID?
It is deplorable for Biden to preemptively pardon Fauci on his last day in office, with so little known about the research NIAID funded in 2019 and voters so clearly eager to learn more. With Nixon’s preemptive pardon, the truth of his wrongdoing was known and all that was left was punishment. With Fauci’s preemptive pardon, the truth is not yet known, NIAID officials in Fauci’s orbit violated federal records laws in their effort to avoid the truth from being known, and Biden didn’t preemptively pardon Fauci to grant clemency and alleviate punishment, but to stop investigations and prosecutions the likes of which could uncover the truth.
I’m not a Constitutional scholar prepared to argue the legality of this maneuver, but I am an ethical human being, a scientist who contributed another grant to the PREEMPT call, and a scientist who helped uncover some of the evidence consistent with a lab origin and quantify the likelihood of a lab origin from research proposed in the DEFUSE grant. Any ethical human being knows that we need to know what caused the pandemic, and to deprive the citizenry of such information from open investigations of NIAID research in 2019 would be to deprive us of critical information we need to self-govern and elect people who manage scientific risks in ways we see fit. As a scientist, there are critical questions about bioattribution that require testing, and the way to test our hypotheses is to uncover the redacted and withheld documents from Fauci’s NIAID in 2019.
The Biden administration’s dying breath was to pardon Anthony Fauci not for the convictions for crimes he didn’t commit (?) but to avoid investigations that could be a reputational and financial burden for Anthony Fauci. A pardon to preempt an investigation is not a pardon; it is obstruction. The Biden administration’s dying breath is to obstruct our pursuit of truth and reconciliation on the ultimate cause of 1 million Americans’ dying breaths.
To remind everyone what we still need to know, it helps to look through the peephole of what we’ve already found to inspire curiosity about what else we’d find if only the peephole could be widened. Below is one of the precious few emails investigative journalists pursuing FOIAs against NIAID have managed to obtain from the critical period when SARS-CoV-2 is believed to have emerged. The email connects DEFUSE PI’s Peter Daszak (EcoHealth Alliance), Ralph Baric (UNC), Linfa Wang (Duke-NUS), Ben Hu (Wuhan Institute of Virology), Shi ZhengLi (Wuhan Institute of Virology) and others in October 2019. The subject line “NIAID SARS-CoV Call – October 30/31” connects these authors to NIAID.
It is approximately in that time range – October/November 2019 – when SARS-CoV-2 is hypothesized to have entered the human population in Wuhan. When it emerged, SARS-CoV-2 was unique among sarbecoviruses in having a furin cleavage site, as proposed by these authors in their 2019 DEFUSE grant. Of all the places the furin cleavage site could be, the furin cleavage site of SARS-CoV-2 was in the S1/S2 junction of the Spike protein, precisely as proposed by these authors.
In order to insert a furin cleavage site in a SARS-CoV, however, the researchers would’ve needed to build a reverse genetic system, i.e. a DNA copy of the virus. SARS-CoV-2 is unique among coronaviruses in having exactly the fingerprint we would expect from reverse genetic systems. There is an unusual even spacing in the cutting/pasting sites for the enzymes BsaI and BsmBI and an anomalous hot-spot of silent mutations in precisely these sites, exactly as researchers at the Wuhan Institute of Virology have done for other coronavirus reverse genetic systems. The odds of such an extreme synthetic-looking pattern occurring in nature are, conservatively, about 1 in 50 billion.
The virus did not emerge in Bangkok, Hanoi, Bago, Kunming, Guangdong, or any of the myriad other places with similar animal trade networks and greater contact rates between people and sarbecovirus reservoirs. No. The virus emerged in Wuhan, the exact place and time one would expect from DEFUSE.
With all the evidence pointing the hounds towards NIAID, it is essential for global health security that we further investigate the research NIAID funded in 2019. It is imperative for our constitutional democracy, for our ability to self-govern, that we learn the truth. The only way to learn the truth is to investigate NIAID, the agency Fauci led for 38 years, the agency that funded gain-of-function research of concern, the agency named in the October 2019 call by DEFUSE PI’s, the agency that funded this exact group in 2019.
A preemptive pardon prior to the discovery of truth is a fancy name for obstruction of justice. The Biden administration’s dying breath must be challenged, and we must allow Congress and the incoming administration to investigate the possibility that Anthony Fauci’s NIAID-supported research caused the Covid-19 pandemic.
Republished from the author’s Substack
Author
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